Google is in talks with the Department of Justice and the plaintiffs in its book search settlement over possible modifications to the deal that could assuage the concerns of the Justice Department, according to a report.

A Google representative declined to comment on any possible negotiations with the plaintiffs and the Justice Department but said of the settlement "if approved by the court, this settlement stands to unlock access to millions of books in the U.S. while giving authors and publishers new ways to distribute their work."

One possibility is that the Justice Department is concerned about the Books Rights Registry, which under the settlement has the power to negotiate deals with other companies, distribute payments to books rights holders, and represent the interest of authors and publishers. The registry has been criticized as a "cartel" by Google's detractors, who believe that although it is a nonprofit run separately from Google it will essentially function as a gatekeeper for other companies that wish to scan and distribute books.

Google CEO Eric Schmidt expressed frustration with the critics of the settlement earlier today in an interview with Search Engine Land's Danny Sullivan, complaining that those criticizing the settlement aren't putting forward their own solutions to create what all parties to the settlement agree would be a tremendous asset: a comprehensive digital library.

"I'm open to a better solution," Schmidt told Search Engine Land. "You will recall, we had our solution, and we were sued over it. And we then had a-god-knows-how-many years of negotiations with 27 parties, and we've actually produced a deal," he said.

Google was ordered Wednesday by Judge Denny Chin, who is overseeing the settlement, to respond by October 2 to the wave of comments he has received regarding the settlement. Supporters and objectors had until last week to file comments with the judge, who will consider them before holding a final hearing on October 7 to decide whether to approve the settlement.

About the author

Tom Krazit writes about the ever-expanding world of Google, as the most prominent company on the Internet defends its search juggernaut while expanding into nearly anything it thinks possible. He has previously written about Apple, the traditional PC industry, and chip companies. E-mail Tom.
See full bio